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LIBRARY OF CONGRESS. 

Shelf .^.Ji^/aAB- 

i _ 

UNITED STATES OF AMERECA. 





(Jl&A.) h-t!^^t.U 






t- <-«. 



or THE 



TERRITOEY OF ¥ASHINaTON. 



il.:^ 



FIVE HUNDRED AND FIFTY COPIES ORDERED PRINTED BY THE 
LEGISLATIVE ASSEMBLY. 




OLYMPIA : 
CHAS. PROSCH, PRINTER, 

1868. 



\^'^%3> 






r,T i^d^r 



OF the; 

TERRITORY OF WASHINGTON. 



AN ACT 

KELA.TING TO ELECTIO]^S AND THE MODE OF SUPPLtmO . VACANCIES. 

CHAPTER I. 

QUALIFICATION OF ELECTOES, AND HEREIN OF RESIDENCE. 

Sec. 1. White American citizens over tweuty-one 3'ears. 

American half-breeds who can read and write, farther qualification?. 

White males who have declared intentions, &c., &c. 

Farther restriction of qaaliflcation. No officer of army or navy to hold 

any civil office or appointment. 
Officers and men connected with army and navy excluded. 
Proviso saving to citizens of Territory in service of tlie United States 
the elective franchiac. 

2. Employment in service of the United States does not afloct re^siuence-. 
Nor employment in navigation. 

Nor while a j-tudeut at academy or college. 
Nor confinement in asylum, county jail, &c. 
Conviction of infamous crime excepted. 

3. Idiots, insane and what convicts disfranchised. 

4. Absence from Territmy on certain business does not affect residenee; 
Proviso. 

5. Conviction of infamous iv'ime construed. 

Section 1. jBe it enacted hy the Legislative Assemhly of 
ike Territory of Washington, That ^11 wdiite American citizens 



4- ■ - ELECTIv)N LAW". ' • 

fihove the age of twei)tY-oiie years, and all Anieriean half-breeds 
over that age who can read and write and have adopted the 
lia'oits of the wldtes, and all other white male inhabitants of 
this TeiTitorv above that a2:e who shall have declared on oath 
their intention to become citizens, at least six montlis previous 
to the daj of election, and sliall have taken an oath to sup];>ort 
tlie Constitution of the United States and the oro-anic act of 
this Territory, and wlio shall liave resided six months in the 
Territor}' and thirty days in tiie coainty, and who have not borne 
arms against tlie [Tnited States of America or given aid or com- 
fort to its enemies, miless pardoned, and none others, shall be 
entitled to hold office or vote at any election in this Territory: 
Provided^ That no otHcer, soldier, seaman, marine or other per- 
so]i in tlie army or navy of the United States, or attached to 
troops in. the service of the United States, shall be alloAved to 
vote in this Territory by reason of being in service therein, un- 
less said Territory is and has been for the period of six months 
his permanent domicil: Promded^ He was a citizen of this Ter- 
ritory at the time of his erdistment: And 'provided^ fuHlier^ 
That no person belonging to the ai'iny or navy of the United 
States shall be elected to or hold any civil office or appointment 
in this Territory.* 

Sec. 2. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence by reason of his pres- 
ence or absence while employed in the service of the United 
States, nor while engaged in the navigation of the waters of this 
Territory or of the United States, or of the high seas ; nor while 
a student of any seminary of learning; nor wiiile kept at any 
alms-house or other asylum ; nor wliile confined in any public 
prison, excepting when serving out a sentence in the peniten- 
tiary for an infamous crime. 

Sec. 3. No idiot or insane person or persons convicted of 
an infamous crime shall be entitled to the privileges of an 
elector. 

* Firfe section 8, act Jan. 31,18G7, statntes Washington Territory, session 1866-7, page 7. 



ELECTIOT LA^Y. 5 

Sec. 4. Absence from tlie Territorv on burtiness of the Ter- 
ritory, or of tlie United States, shall not affect the question of 
residence of any person : Prociderl, The right to vote has not 
been claimed or exercised elsevvhere."^ 

Sec. 5. A crime shall be deemed infamous which is pun- 
ishable by death or by imprisonment in the penitentiary. 

CHAPTJEK II. 

EEGISTERINa VOTES. 

Kepealed. Act Jan. 81st, 1867. Section six reads as fol- 
lows : ^ ^ 

Sec. 6. Chapter two of the act to wliich this is amendatory 
is hereby repealed. f 

CIIAPTEEIII. ^ 

TIME OF HOLDING AND MAXNEK OE CONDUCTING ELECTIONS. 

Sec 1. Annual election on first Manda^' of June. 

2. Special elections may be held. 

3. What vacancies to be supplied at genenii eiectii.-n. 

4. The Governor to issue piochimation of election when otricer is voted for 

by Territory at large. 

5. County auditors of senior counties to issue notice in joint districts. 

6. Notice by county auditor of geneiai or special elections. 
Form of notice. 

Sec 1. A~ general election shall be held in the several elec- 
tion precincts in this Territory on the first Monday in June, A, 
D. 1867, and biennially thereafter on the first Monday in June, 
at which there shall be chosen all such officers as are by law to 
be elected at general elections in this Territory. ^ 

Sec. 2. Special elections are such as are held to sup])ly va- 
cancies in any office, whether the same be filled by the vote of 
the qualified ele(;tors of the Territory, or any district, county or 
township, and may be held at sucli time as may be designated by 
the proper officer. 



*Vi(le section 11 , act of Jan. iUst, IfiB7. page 8, statutes 1866-7. 

fVide section 6, pasje 7, statutes of Wa-'hin-jtoa Territory, s»s.sTon ISGC) 7. 

^Vide section I, act of January 31st, 1837, page 6. statutes of 1S66-7. 



6 ELECTIONS" LA\y. 

Sec. 3. All vacancies wliicli are aboiU to oecnr in aw office, 
by the expiration of the fnll term thereof, shall be supplied at 
the o'eneral election. 

Sec. 4. It shall be the duty of the Governor, at least sixty 
days before atiy 2;eneral election, to issue his proclamation desis:- 
nating the offices to be filled by the Territory at large at such 
election, and to transmit a copy thereof to the county auditor of 
each count3\ 

Sec. 5, It shall be the duty of the county auditors of the 
senior counties, in any joint council or representative district, to 
issue to tlie county or counties composing said district, thirty 
days before any general election, notice designating the offices 
to be filled at each election by said district. 

Sec. 6. It shall be the duty of the county auditor to give at 
least -thirty days' notice of any general election, and at least 
fifteen days previous to any special election, by posting, or caus- 
ing to be posted up at each place of holding election in the 
county, a written notice tliereof, said notice to be, as nearly as 
circumstances will admit, as follows : 

" JSTotice is hereby given, that on tlie first Monday, the — day 

of next, at , in the district or precinct of . 

in the county of , an election will be held for territorial, 

county, town or district officers, (naming the offices to-be filled, 
as the case may be,) which election will be opened at nine o'clock 
in the niornino% and will continue until six o'clock in the after- 
liooia of the same day. 

Dated this day of , A.D. 18 — . 

A. B., County Auditor.'' 



ELECTION LAW, 



CHAPTER IV 



TEEMS OF OFFICE PRESCETBED. 



Sj;c. 1. Members of Council, four years. 
Representatives, two years. 
District Attorneys, two years. 
County and precinct officers, two years. 
2. First election to take place in 1867. 

All officers to hold till' successors elected and qualified. 

8ec. 1. The terms for which all tenitorial, district, countv 
and precinct officers hereafter elected, sliall be as follows : 

Members of the Council shall be elected for fjiir years ; mem- 
bers of the House of Representatives shall be elected for tw(^ 
vea^s; district attorneys shall be elected for two years ; all county 
and precinct officers shall each be elected for two years. 

~ Sec. 2. All territorial, county and precinct officers, who are- 
entitled to be elected at any o'eneral election in this Territory; 
shall be elected at the general election on the lirst Monday in 
June, 1S67, and shall hold their offices to which they may be 
elected until their suecessors are elected and qualified."'- 



CHAPTEE Y. 

OF EESIGNATIONS AND yACAKCII':8, AND SUPPLYING yACANCIl^. 

Skc. 1, Wbat officers to resign to Governor. • 

Wliat officers to resign to county commissi ..s. 

All appointees, to the power making appointment. 
t. Contingencies creating vacancies. 

i. Governor to fill vacancy in office elected by Legislative A s?enibiy. 
4. Governor may order special election. 

County auditor to give notice of special election. 
5.. Connty commissioners to fill vacancies in county or precinct office. 
6. Officer filling vacancy only serves out unexpired term. 

Sec. L Resignations shall be made as follows : 

By the territorial officers, members of the Legislative xVs- 



*Vid£ sections 4 and 5, act of January Slat, 1867, page 7, etatutes of 1.SG6-7. 



8. ELECTION LxlW. 

sembW, and by all otlier officers elected by the Legislature, to 
the Governor. 

By all county officers, to the county commissioners of tlieir 
respective counties. 

By all other officers Iiolding their offices by appointment, to 
the body, board or officer that appointed them. 

VACANCIES. 

Sec. 2. Every office shall become vacant on the happening 
of either of the following events before the expiration of the 
term of such officer : 

1. The death of the incumbent. 

2. His resign^ition. 

3. His removal. 

4. His ceasing to be an inhabitant of the district, county, 
town or village for wliich he shall have been elected or appoint- 
ed, or within wliich the duties of his office are to be discharged. 

5. His conviction of an infamous crime, or of any offense 
involving a violation of his official oath. 

o. His refusal or neglect to take his oath of office, or to 
give or renew his official bond, or to deposit such oath or bond 
within the time prescribed by law. 

7. The decision of a competent tribunal declaring void his 
election or appointfnent. 

8. Whenever f*- judgment shall be obtained against such 
officer for a breach of the condition, of his official bond. 

SUPPLYING VACANCIES. 

Se<:;. o. AVhenever a vacancy shall occur, during the recess 
of the Legislature, in any office which the Legislature is author- 
ized to till by election, the Govei-nor of the Territory, unti! it is 
otherwise sj)ecially provided, may a])point some .-uitable person 
to perf :)r:n the duties of such office, until the Legislature siiall 
meet and elect some person to hll such ofiice. 



electio:n^ law. 9 

Sec. 4, Wlienever a special election is necessary to fill a 
vacanc}^ in tlie office of delegate to Congress, Territorial coun- 
cil, liouse of representatives, or prosecuting attorne}^ the Gov- 
ernor shall issue his proclamation ordering such election, in like 
manner as is provided in regard to general elections, and desig- 
nating also the time at Yvhieh it is to be held ; and the county 
auditor of each county in which such election is to beheld, shall 
give notice thereof as required in section six, chapter three of 
tliis act. 

Sec. 5. Whenever a vacancy occurs in any county or pre- 
cinct office, it shall be filled by appointment by the board of 
county commissioners at the first regular or special session of 
their board after that vacancy occurs : Provided^ That if the 
commissioners be not apprised of the vacancj^ at their first ses- 
sion after the vacancy occurs, it may be filled at any subsequent 
session of their board.* 

Sec. 6. Wheruever any officer resigns his office before the 
-expiration of his term, or the office becomes vacant from any 
other cause, and at a subsequent or special election such va- 
canej^ is filled, the person so elected to fill such vacancy shall 
not hold the office any longer than the original incumbent wlic* 
resign^ed would have been entitled to hold tlie office. 



CHAPTEE YL 



PLACES OF HOLDING ELPXTnONS— INSPECTORS, JUDGES AND CLERKS 

OF ELECTION, 

^m- 1. Precincts and p!ac€s to hold elections to be fixed by county commiesion 
■ei's. >vhen. ' - 

2. Inspector and jndp;es of election to be appointed by eonnty commigsiou- 

ers, wlien. 
When voters of precinct may elect inspector and judges. 

3. inspector and judges to appoint two clerks. 

4. Gatb to be taken by inspector and judges. 



^Ftrff section 10, act of Jan. 3 1st, 1867, page 8, statutes of Washington Territory, 
session 166^) 7. 

2e 



10 ELEOTIO^^ LAW, 

Sec. 5. Form of oath of inspector. 

6. Form of oath of judge of election. 

7. Form of oath of clerk. 

8. County auditor to make copy of each of said oatlis. 
Oath to be certified by person administering same. 
Oaths to be filed by county auditor witli election returns. 

9. Inspector to be cliairman of board. 
He may administer all necessary oaths. 

After polls opened, inspector may fill vacancy if judges ov clerks refuse 
to fcerve. 

Sec. 1. It sball be tlie duty of the county commissioners, 
at their regular session held previous to the day of holding the 
general election, to divide their respective counties into pre- 
cincts, in such manner as they may deem most convenient for 
the population, and appoint a place for holding the election? 
therein. 

Sec. 2. It slialll)e the dpty of the county comnTigsioners,F 
at their regular session held previous to the day of holding the 
general election, to appoint for each precinct, from the qualified 
electors of said precinct, one inspector and two judges, who 
shall constitute a board of judges of election. In case said 
board be Bot appointed for any precinct by the board of county 
coram issiouers, as specified in this section^ or those appointed in 
accordance with this section shall not be present at the place 
designated by the county commissioners in a precinct for hold- 
ing the pollSj at the hour to open the polls, the electors present 
may appoint a board of judges for such precinct. 

Sec. 3. The inspector and judges for each precinct shall, 
before the time of opening the polls, appoint two suitable per- 
sons to act as clerks, wlio sliall be qualified electors. 

Sec. 4. Tlie inspector, judges and clerks aforesaid shall, 
before entering upon the duties of their offices, severally take 
and subscribe the oath or affirmation hereinafter directed, which 
shall be administered to them by any person authorized to ad- 
minister oaths , but if no such person be present, the inspector 
shall administer the same to the judges and clerks, and one of 
the judges shall administer the oath to the inspector. 



ELECTION LAW. 11 

Sec, 5. The following sliall be the form of the oath oratHrm- 
atioii to be taken by each inspector: . 

'' 1 (A. B.) do swear (or affirm) that 1 will duly attend to 
the ensuing telection during ilm continuance thereof as an in- 
spector, and that I will not receive an^^ ticket or vote from an^^ 
j>'3rson, other than such as I shall lirmly believe to be, accord- 
ing to the provisions of the laws of this Territory, entitled to 
vote Alt s^ich election, without requiring such evidence of the 
right to vote as is directed by law ; nor will I vexatiously delay 
or refuse to receive any vote from any person vvho I shall be- 
lieve to be entitled to vote as aforesaid ; but that I will in all 
tilings trul}-^, impartia^lly and faithfully perform my duty therein^ 
to the best of my judgment and abilities, and that I am not di- 
rtK-i.Iy nor indirectly interested in any^ bet or wager on tlie result 
vt' this election." 

-Bkc. 6- The tbliowing sliaJl be the oath or affirmation of 

c-acl) judgr-,: 

"* We (A. B.) do that we will as jsidges duly at- 
tend the ensuing election during the continnaiMfe thereof, and 
faithfully assist the inspector in carrying on the same; that we 
will not give our consent tliat any vote or ticket shall be re- 
ceived from any person other than such as we firmly believe to 
be, according to the provisions of the laws of the Territory, en- 
titled to vote at such election ; and thnt w^e will make a true 
and perfect return of the said ejection, and Wili in all things 
truly, impartially and faithfully perforin our duty respecting the 
riame, to tlie best of our judgment and abilities ; and tliat we 
are not directly or indirectly interest^^d in any bet or wager on 
the result of tliig election." 

8kg. 7. The followino: Bkall be the form of the oath or 
affirtnation to be taken by the clerks, viz : 

*' We and each of «s (A. B.) do that we will im- 
partially and truly write down the name of each elector who 
aliall vote at the ensuing election, which shall be given us in 
c'harge, and also the name of the county and precinct wherein 



12 . . ELECTIOX LA\V. 

* such elector resides ; and carefully and triilj write down tlie 
number of votes that shall be given for each candidate at tlie- 
election, as often as his name shall be read to u.-^ by tlie Inspector 
thereof, and in all things truly and talthfnlly ])erform our ilutv 
respecting the same, to the best of our judgment and ahilitle-. : 
and that we are not directly nor indirectly interested in -duy ])et 
or wager on the result of tins election." 

Sec. 8. It shall be the duty of the couTity auditor to make 
out one copy of each of the said oaths or aifinuations for eacli 
election precinc^t, which shall be severally subscribed by th,e in- 
spector, judges and clerks, and the said oatlis or atlinnrttiof>> 
shall be certified under the liand of the ])er3on by whom tliey 
shall be administered, and the said oaths or aflirrnations shali be 
placed wdth the election returns to be returned to the county 
auditor. 

Sec. 9. The inspector shall be chairman of the board, and 
after its organization, shall Iiave power to administer all neces- 
sary oaths which may be required in the, })rogress of the elec- 
tion. He shall also have power to "HII any vacancy that n}ay 
occur in the board of judges, or by absence or refusal to servo of 
either of the clerks, after the polls shall have been opened. 

CHAPTER YIL 

OPENING OF THE POLLS VOTING AN I? CHALLENGES. 

Sec, 1. Polls -sbal! be opened at 9 A. M. and clo-ed at 6 p. >i. 

A recess of one hour ma.v W takfMi. 

In sparsely settled pre>;iiK;ts. polls may be njiened liter. 
2. Procl.imatioii to be made of polL being a|ie;i. 
o. A'iditor to furnish inspector with two poil !) )uks iive d y.-s Ueiwr^ elec 

tion. 
-4. Voting shall be by ball>t. 

Dfcscri))tion of ballot. 

Inspector to pronounce aiid'oly name of voter. 

On receiving ballot, insjjector to depc'sit it in i)an )t hnx. 
r>. Eacli clerk to enter name of v^tor on lespeclive poll i »!. 
6. Challenging of person oftering l.> vote. 

Duty of inspector and judges U^ challen;^e ansp'-cted [>er.*- n^ 



ELECTION LAW. 13 

Sjit-. 7. Duty of b mill when party is cliallenged. 
DaUi to be adrnini.stetecl. 
Q icHti'ins to lie propoundod to p;)) ty chrii'r-ngeil 

8. Cii<illenir_'il party vefu>-iiig to swear, vote to be rejected. 
II j'.ul^i^e^ ii./C s.iii.-Iidd, to reject \ote. 

9. Far'vher proi.-eeiii igs if challenged party insists. 
Additi :>nai oatU to be adtnini.stereJ. 

Oatii of identity, where nataraliziition is orod-.iced. 

10. When piuty challeQ^^iuc: la Is lo ti averse, vote admitted. 
Refusal to take oath, liowevcr. vote to be rejected. 

11. When person ischalleriKtid, because conv eted of iuiamoas crime. 
Absence of record, two witnesses may prove conviction, 

12. Ou closin,^- polls, yroclarnatiou to be made. 

Sec. 1. At all elections tlie polls shall be opened at nine 
o'clock in the morning, and sliall coxitinue open until six o'clock 
in the evening, at which time the judges sliall close the polls: 
Provided^ That the judges of the election may take a recess of 
one hour at any time they may think proper during the day, 
before three o'clock in the afternoon : And promded further, 
That in sparsely settled precincts, whenever a sufficient number 
of qualified electors to constitute a board of election are not 
present at nine o'clock on th^ morning of the day of election, 
it shall be lawful to open the polls as soon thereafter as a suffi- 
cient number are present. 

Sec. 2. That the board of judges, before they commence 
receiving ballots, shall cause it to be proclaimed aloud, at the 
place of voting, that the polls are now^ open. 

Sec. 8. It shall be the duty of the auditors of the several 
counties to furnish the inspector of each election precinct with 
two poll books, at least fis'e days before the time of holding the 
election. 

Sec. 4. The voting shall be, by ballot The ballot shall be 
a paper ticket, (-ontainlng the na,mcs of the persons lor whom 
the electors intend to vi^te, and designating the office to which 
each person so named is intended by Idm to be chosen. When- 
ever any person offers to vote, the inspector shall pronounce his 
name in an audible voice, and if there be no objections to the 
qualification -of such person as an elector, he shall receive his 



14 ELECTION LAW. 

ballot, and in the presence of tlie judges put the same, ^vithoiit 
being opened or examined, into the ballot box. 

Sec. 5. The name of eacli elector whose ballot lias been 
thus receivedj shall l)e immediatelj entered by each clerk in the 
column of his poll list, lieaded ''names of voters," nundjcring 
each name in the ad:litional column as it is taken doAvn, so that 
it may be seen at any time whether the two lists agree. 

Sec. (3. Aiiy person offering to vote n^ay he cludlenged as 
tmquaiifled by the inspector or either of the judges, or h\ any 
legal voter, and it shall in all cases be the duty of the inspector 
and each of the jiidges to cliallenge any person offering t<^ vote, 
whom they shall know or suspect not to be duly qualified as au 
elector, or to have borne arms against the United States, or have 
given aid to its enemies. 

Sec. Tj When any person offering to vote is cludlenged, it 
shall l)e the diity of the board of jiulges to dec^lare to him the 
qnalihcations of an elector, and tlie inspector, or one of the 
judges, shall tender him the follovring oath : 

" You do sw^ear, or iitlirm, that you will truly and fully an-' 
swer all the questions as sliall be put to you touching your place 
of residence and <}ualiiications as an elector; and that you have 
never voluntarily borne arms against tlie United States since 
you have been a citizen thereof; that you have voluntarily given 
110 aid, countenance, counsel or encouragement to persons en- 
gaged in armed hostilitie-^^ tliereto ; that you iiave neither sought 
Uor accepted, nor attempted to exercise the functions of any 
oi^ice whatever, under any authority, or pretended authority, in 
liostility to the United States ; that you have not yielded a vol- 
untary support to any pretended government, authority, power 
or constitution within the United States, hostile or inimicfd 

thereto: And you d/) fiiriher ■ That, to the best of your 

kiiowledge and ability, you will support and defend the Consti- 
tution of ihi United States against all enemies, foreign and dc- 



ELECTION LAW. 15 

mestic : that yoii will bear true faith and allegiance to the same; 
tliat you take this obligation freely, without any mental reser- 
vation or purpose of evasion, so help yon God." 

The inspector, or one of the judges, shall then proceed to 
question the person challenged in relation to his name, his then 
place of residence, how long he has resided in the township and 
county, where his last place of residence was ; also, as to his cit- 
izenship, and whether a native or naturalized citizen, and if the 
latter, Avhen, where, in what court, or before what officer he was 
naturalized, and all such other questions as shall tend to test his 
qualifications as to citizenship and the right to vote. 

Sec. 8. If any person shall refuse to take the aforesaid oath 
when so tendered, or to answer any and all pertinent questions 
as to his qualifications, his vote shall be rejected ; and if th@ 
board of judges are satisfied from his answers, as aforesaid, that 
such person is not a legal voter, they shall reject his vote. 

Sec. 9. If such person shall still insist that he is entitled 
to vote, and the board of jndges find no cause to reject his vote 
under the preliminary examination, and the challenge shall not 
be withdrawn, lie shall not be entitled to vote nnless he takes 
the following oath, to be administered by the inspector or on'- 
of the judges, viz: 

''You do swear (or affirm, as the case may be,) that you are 
a citizen of the United States, (or that you liave declared your 
intention to become a citizen six months previous;) that you 
have resided in this Territory six months next preceding this 
election, and in this county thirty days, and tliat you jiave nut 
voted this day," 

And in case the person offering to vote produces a certified 
ti'anscript of the record of a court of competent jurisdiction 
admitting him to citizenship, or certificate of declaration of 
citizenship, duly attested by the clerk thereof, asevidejice of his 



36 ELECTIOjS^ law. 

fight to vote, and the person so producing the same is unknown 
to the board of judges, he shall make oath that he is the person 
therein named. 

Sec. 10. If any person shall take the oath, as tendered to 
Mm by the inspector or judges, and no evidence is oifered to 
traverse the same, by the officer or party challenging, he shall 
b© admitted to vote ; but if he shall refuse to take the oath or 
afErmation so tendered to him, his vote shall be rejected. 

Seg. 11. If the vote of any person be challenged on the 
gr;oT^^<i that he has been convicted of an infamous crime and 
shall remain unpardoned, or disfranchised by any court of com- 
petent jurisdiction, he shall not be required to answer any ques- 
tions, respecting such alleged conviction, and in the absence of 
an^y authenticated record of such fact, it may be competent for 
two disinterested witnesses, upon oath, to prove the same. 

Sec. 12. When the polls are closed, proclamation thereof 
sl):all be made at the place of v^oting, and no votes shall be after- 
wards received. 

CHAPTER YIIL 

COUNTING AND RECEIVING THE VOTES DECLARING THE RESULT OF 

ELECTIONS, AND CERTIFICATES OF ELECTIONS.. 

8sc. 1. Judges to count votes on afternoon of election day. 
Ballot box not to be removed till rotes are counted. 
The counting to be public. 
Method of counting, duty of clerks, &c. 
Counting sbail not be adjourned till completed. 
■2. Two tickets folded together, both rejected. 

If more officers than to be elected voted for, all to be rejected. 
No ticket to be rejected for Xoim, if the person voted for can be ascer- 
tained. 

3. Certificate to be prepared and what to contain. 

Election returns, how made up, and sent by inspector to county auditor. 

4. ^Eleetioa-retarns to be delivered to county auditor, by whom. 

If by private Land, affidavit required, what affidavit shall contain. 
If sent by mail, duties of pest master receiving it. 
Inspector to retain duplicate for at least six months. 



ELECTION XAW. - IT 

Sec. .'). Klection returns nol to be il^jected Tor want of lorm, &g. 

6. Auditor to canvass returns tenth da}' after election. 
To notify two ooiiiiiy officers to be ])resent. 
Auditor to be sworn. 

Form o! oath or affirmation. - 
To be placed on file in Auditor's office. 
- Neglect to return total number of votes a loisdeineanor. 
Statement of votes to be filed in'Auditor's office. 

7. Party receiving highest number of votes to be declared elected. 
County auditor to notify him of his election. 

8. Probate judge to canvass returns and certify election of county auditor. 
0. E)uty of county auditor in election of district officers. 

Auditor of senior county to certify election of such district officer. 
Senior county auditor to transmit statements of district vote to Secretary 
of Territory 

10. Senior county auditor to give certiticate of ejection to district officer. 
When and how certificate to be authenticat.ed. 

11. Duty of auditor in transmitting election i-etorns to Secretary of Terri- 

tory. 
Canvass of v<)te hj Secretary. 
Statement by Secretary and (:rovernor"s commission or certificate. 

12. County auditor to transmit abstract of votes for certain officers to Secre- 

tary of Territory. 

13. Defect or informality of returns, not sufficient cause for ■?vithholding cer- 

tificate of election. , 

14. Certiticate of postmaster to be obtained when ejection returns are trans- 

mitted by mail. 

15. Til case of a tie vote, to draw lots. 

Sec. 1. As soon as the polls are closed on the afternoon of 
the day of election, the judges shall open the ballot-box and 
commence counting the votes, and in no case shall the ballot- 
box be removed from the room in vv^hich any election may be 
held until all the ballots are counted. The counting of ballots 
shall in all cases be public. The ballots shall be taken out 
carefully, one by one, by the inspector or one of the jud2;es, 
who shall open them and read aloud the name of each person 
contained therein, and the office for which every such person is 
voted for. Each clerk shall write down each office to be filled 
and the name of each person voted for for such office, and shall 
keep the number of votes by tallies as they are read aloud by 
the inspector or judge. The counting of the votes shall be con- 
tinued without adjournment until all are counted. 

Sec 2. If two tickets are found folded together, ther ^hall 

Se . ■ ■ . ■. - ". .. •- 



IS ' ELECTIOX LAW. 

both be rejected ; and if more pensons are designated oil dny 
ticket for any office than are to be elected to such office, snob 
part of the ticket shall not be counted for anj of them, but no 
ticket shall be lost for want of foriB, if the board of judges can 
determine- to tlieir satislactioi-i the pf^rsos voted- for and the office 
in tended. 

Sec. 3. As soon as all the rotes are ra^d oW and counted ^ 
a certificate shall be drawn up on each of the papers containing 
the po^l list and talMe-s, or attached thereto, stating the number 
of votes each person voted for has received, and designating the 
c^ce to fill which he was voted for, which number shall he 
written in words at full length. Each ce? tificate shall he signed 
bj the clerks, the judges and insjtector. One of said certificates, 
with poll list and tally paper,- oath of inspe^^tor, judge& and 
clerks, shall be sealed up by the inspector and endorsed '^elec- 
tion returns,'^ and be directed or sent by tlie inspector to the 
county auditor of the county in which tlie election is held. 

S3:'c. 4,' Tlie said package shall be delivered to the county 
auditor by one of the judges or clerks of the election, in person, 
or may be sent by private hand or by mail. If sent by private 
hand, the person delivering it sliail, before the county auditor, 
take and subscribe an affidavit that the package was delivered 
to him by one of the judges, (naming him ;) that it has not been 
out of his possession since it was received, and has undergone 
no alteration while in his possession. The affidavit shall be en- 
dorsed on the package. If sent by mail, it shall be mailed by 
one of the judges, and the postmaster shall make on it an en- 
dorsement that he received it from one of the judges, (naming 
him/) The other of said certificates, with the poll list and tally 
papers, oath of judges, inspector and clerks, together with the 
ballots, shall be retained by the inspector and preserved by him 
at least six months. 

Sec. 5. No tally papers, poll list or certificate, returned 
from any election shall be set aside or rejected for want of 
form, nor on account of its not being strictlv in accordance with 



ELEOTIOX LAW. s 19 

die directions of this act, if the same can b(3 satl statutorily uii- 
derstoocL 

Sea 6. On tlie tenth day after tKe day of each election, or as 
soon as he shall have reeei ved the returns from each precinct of the 
county, if he receive them vfithin that time, it shall be the duty of 
the comity auditor to notify two county officers, one of whom shall 
be a justice of the peace, to be present at the office of said 
county auditor, on a day numed !)y said county auditor, for the 
purpose of canvassing the votes east at said election in the dif- 
ferent precincts of the county, -and it shall be the duty of the 
justice of the peace present as one of the canvassers of said 
votes, to administer the following oath or affirmation to the 
county auditor having in his possession the election returns of 
■said county : '' I do solemnly swear (or affinii) that the returns 
purporting to be the election returns of the several precincts in 
this county have been in no wise altered by additions or erasures, 
and that they are the same as when I received them, so help 
me God ;" the said oath or affirmation to be in writing, and 
signed by the county auditor, and certified to by the afore- 
■said justice of the peace, and placed on file in the said auditor's 
office, among the papers appertaining to said election, and then 
the said auditor, with the assistance of the two county officers 
aforesaid, shall proceed to count the vote of said county or 
precincts, a statement of which shall be drawn up and signed 
by them ;* and it shall be deemed a misdemeanor in the county 
auditor if He shall neglect or refuse to return the total number 
of votes as counted, if such votes can be with reasonable cer- 
tainty ascertained. The statement shall contain the names of 
the persons voted for ; the office to fill which each pei*son was 
voted for ; the number of votes gi^^en at each precinct to each 
of such persons, and the number of votes given to each in the 
county^ and the same shall be filed, together with the returns 
from each precinct, in the office of the county auditor. 

Sec. 7. The person having the highest number of votes 

* Vide section 1, act of Jan. 29. 1868. 



20 ELECTION LAW. 

given for each office to be lilled by the voters of a single county 
or of a precinct, shall be declared duly elected, and the county 
auditor shall immediately notify him of his election, and it shall 
be the duty of the said auditor to make out and deliver to any 
person so notified a certificate of election upon his making ap- 
plication and paying the fee for the same.'^" 

Sec. 8. When a county auditor is to be elected, the probate 
judge shall examine the returns so soon as they are filed, and 
issue to the person cliosen a certificate of election in the form 
prescribed in the preceding section. 

Sec. 9. When there are ofiicers voted for who are to be 
chosen by the electors of a district composed of two or more 
counties, it shall be the duty of each of the county auditors of 
the counties composing such district, immediateh^ after making 
out the statement specified in the sixth section of this chapter, 
to extract therefrom so much as relates to the election of such 
officers, and certify under his han,d and the seal of the county 
that such extract contains a full statement of all the votes given 
for district ofiicer as returned to him, and witliout delay trans- 
mit the same to the county auditor of the senior of the counties 
composing such district. The said county auditor shall compare 
the returns, make up a statement of the vote of the district for 
such officers, and file the same, together with the returns from 
the other counties, in like manner as is prescribed in section six 
of this chapter. He shall also make out and transmit to the 
Secretary of the Territory such statement of the votes of the 
district, signed by him oflicially and authenticated with the seal 
of the county. 

Sec. 10. The county auditor to whom the election returns 
of a district are made, shall, on the twentieth day after the day 
of election, or so soon as the result is ascertained, if within that 
time all of such statements are received, make out and deliver 
or send to each person chosen to any such office, a certificate of 
election under his hand and the seal of the county. 

♦ Vide section 3, act of .Tan. 31, 1867, page 6, section 2, statutes of Washington Ter- 
-ritory, session 1866 7. 



ELECTION LAW. 21 

Sec. 1L Wlieii there are other officers voted for who aro 
chosen hy the qualiiied voters of this Tei-ritory, it sliall be the 
dutv of each county auditor, so soon as the statement of the 
vote of his county is made out, as required in section six of this 
chapter, to copy therefrom so much as relates to the vote given 
for such officer, certify to the correctness thereof under his hand 
and the seal of the county, and transmit the same to the Secre- 
tary of the Territory, endorsing on the package the words " elec- 
tion returns." On the thirtieth day after the day of election, or 
so soon as the returns shall have been received from all the 
counties of the Territory, if received within that time, the Sec- 
retary of the Territory shall compare and estimate the vote and 
make out and file in his office a statement thereof, a copy of 
which sliall be transmitted to the Governor. Upon this state- 
ment the commission or certificate sliall issue. 

Sec. 12. That it shall be and is hereby made the duty of 
the county auditor, in each county of this Territory, immedi- 
ately after making abstracts of the vote given in his county at 
any general or special election for members of the Legislature, 
county, territorial or district officers, delegate to Congress, to 
transmit by mail a certified copy of said abstract to the Secre- 
tarv of the Territorv, at the seat of o-overnment. 

Sec. 13. No certificate shall be withheld on account of any 
defect or informality in the returns of any election, if it can 
with reasonable certainty be ascertained from such return what 
office is intended and who is entitled to such certificate, nor 
shall any commission be withheld by the Governor on account 
of any defect or informality of any return made to the office of 
the Secretary of the Territory. 

Sec. 14. Whenever returns are required to be transmitted 
by one county auditor to another, or by the County auditor to 
the Secretary of the Territory, it shall be the duty of the county 

auditor to deliver the same to some postmaster of the county, 
at the post office, to be transmitted by mail, taking froni suck 



^^ ELECTIOiSr LAW. 

postmaster, if it can be obtained, a certificate setting forth the 
time when such returns were deposited in the post office, which 
certificate the auditor shall file with the returns. 

Sec. 15. If the requisite number of county or precinct offi- 
cers shall not be elected by reason of two or more persons hav- 
ing an equal and the highest number of votes for one and the 
same ofiice, the county auditor shall give notice to the several 
persons so having the highest and an equal number of votes, to 
attend at the ofiice of the auditor at a time to be appointed by 
said auditor, who shall then and there proceed publicly to decide 
bj lot which of the persons so having an equal number of votes 
shall be declared duly elected, and the said auditor shall make 
out and deliver to the person thus declared duly elected a certi- 
ficate of his election as hereinbefore provided.* 

CHAPTER IX. 

CONTESTING ELECTIONS OTHER THAN MEMBERS OF THE LEGISLATURE. 
OR DELEGATE TO CONGRESS. 

Sec. 1. Any elector in conntj may contest election of county ofEcer. 

Any elector in precinct may contest election of precinct officer. 
Causes of contest. 

2. When mal-conduct of judges will set aside election. 

3. In contests for mal-conduct of judges, when precincts shall be rejected. 

4. To set aside election on grounds of illegal votes, what mast appear. 
All illegal votes first to be deducted. 

6. No person but a qualified elector of district, county or precinct, compe- 
tent to contest. 

6. Statement of contest to be filed with county auditor, when. 
Requisites of such statement. 

Statement to be verified by affidavit. 

7. SnfRciency of allegations of illegal votes. 

Notice of names of illegal voters to be delivered three days before trial. 
Contestant cannot prove illegal votes not specified in said notice. 

8. Contest shall not be dismissed for want of form. 

Cause of contest to be alleged with sufficient certainty to be understood. 

9. County auditor to advise probate juc.ge. 

Notice of special term of probate court to try contest. 

* Vide section 3, act of Jan. 31, 1867, statutes of Washington Territory, 1866-7. 



el£ctio:n^ law. 2^ 

Skc. 10. Clerk of probate court to is-iie eitatio!). 
Citation how served. 

11. Subpoenas to witnes^ses : attendance may be enforced by attachmciU, 

12. Procedure and practice in contested eleclions. 

13. The conit to declare the officer elected who has the highest number of 

votes . 

14. Fees of officers of probate court in such cases. 

15. When co.«ts shall be acljadged Acainst contestant, 

16. When costs shall be in favor of contestMnt. 

17. Each party liable for the costs by himself created ; how collected. 
13. Appeals to district court. 

19. If probate court set aside election, and no appeal taken, office become* 

vacant. 

20. Contested election for piobate judge to be tried by county commissionerd, 

21. Contested electios for prosecuting attorsey to be tried by district court. 

Sec. 1. Any elector of the proper county may contest the 
ni^ht of any person declared duly elected to an office to be exer- 
cised in and for snch county ; and also any elector of a precinct 
may contest the right of any person declared duly elected to any 
office in and for such precinct^ for any of the following causes : 

1. For mal-conduct on the part of the hoard of judges, or 
any member thereof. 

2. When the person whose right to office is contested w^as 
not, at the time of the election, eligible to such office. 

3. When the person whose right is contested shall have 
been, previous to such election, convicted of an infamous crime 
by any court of competent jurisdiction, such conviction not 
having been reversed nor such person relieved from the legal 
infamy of such conviction. ., 

4. When the person whose right is Contested has given to 
any elector or inspector, judge or clerk of- the election, any bribe 
or rew' ard, or shall have offered any such bribe or reward for -the 
piu'pose of procuring his election, - ■-..-, 

5. On account of illegal votes, - -. ...... 

^ Sec. 2. ISo irregularity or improper conduct in the proceed- 
ings of the board of judges, or any one of them, shall be con- 
struedto amount to such inal-conduct as to annul or set aside 
any election, unless the irregularity or improper conduct shall 



24 ELECTION LAAV. 

have been such as to procure the person whose right to the office 
may be contested, to be declared duly elected when he had not 
received the highest number of legal votes. 

Sec. 3. When any election held for an office exercised in 
and for a count}^ is contested on account of any mal-conduct on 
the part of the board of judges of any precinct election, or any 
member thereof, the election shall not he annulled and. set 
aside upon any proof thereof, unless the rejection of the vote of 
such precinct or precincts shall change the result as to such office 
in the remaining vote of the county. 

Sko. 4-. i^othing in the fifth ground of contest specified in 
section one of this chapter shall be so construed as to authorize 
an election to be set aside on account of illegal votes, unless it 
slrall appear tliat an amount of illegal votes has been given to 
the person whose right to the office is contested which, if taken 
from him, would reduce the number of his legal votes below the 
number of votes given to some other person for the same office, 
after deducting therefrom the illegal votes which may be shown 
to have been given to such other person. 

Sec. 5. No person shall be competent to contest any elec- 
tion unless he h a qualified elector of the district, county or 
precinct, as the case may be, in which the office is to be exer- 
cised. 

Sec. 6. When any such elector shall choose ,to contest the 
right of any person declared duly elected to such office, he shall, 
within ten days after such person shall have been declared elec- 
ted to such office, file with the county auditor a written state- 
ment setting forth specifically : 

1. The name of the party contesting such election, and that 
he is a qualified elector of the district, county or precinct, as the 
case mav be, in which such election was held. 

2. The name of the person whose right to the office is con- 
tested. 

3. The office. 

-1-. The yjarticular cause or causes of such contest, which 



ELECTION LAW. 25 

statement sliall be verified by the affidavit of the contesting 
party, that the matters and things therein contained are true, as 
he verily believes. 

Sec. T. When the reception of illegal votes is alleged as a 
cause of contest, it shall be sufficient to state, generally, that 
illegal votes were cast, which, if given to the person wliose elec- 
tion is contested in the specified precinct or precincts, will, if 
t^ken from him, reduce the number of his leccal votes below the 
number of legal votes given to some other person for the same 
office ; but no testimony shall be received of any illegal votes^ 
unless the party contesting such election E^hall deliver to 1;be 
opposite party, at leas*-, three days before such trial, a written list 
of the number of illegal votes, and by whom given, which he in- 
tends to prove on such tria,l, and no testimony shall be received 
of any illegal votes, except such as are specified in such list. 

Sec. 8. 'No statement of the cause of conte&t shall be re- 
jected, nor the proceedings thereon dismissed by any court before 
which such contest may be brought for trial, for want of form^ 
if the particular cause or causes of contest shall be alleged with 
such certainty as will sufficiently advise the defendant of tho 
particular proceedings or cause for which such election is con- 
tested. 

Sec. 9, Upon such statement being filed, it shall be the 
duty of the county auditor to inform the judge of probate court, 
who shall give notice and order a special term of said coui-t to 
be held at the court house of the proper county on some day to 
be named by him, not less than ten nor more than twenty daya 
from the date of such notice, to hear and determine such con- 
tested election. 

Sec 10.* The clerk of said qourt shall also at the time issue 

a citation for the person whose right to the office is contested^ 

to appear at the time and place specified in said notice, which 

citation shall be delivered to the sherifi" or constable and be 

served upon the party in persoi], or, if he cannot be found, hy 

leaving a copy thereof at the house where he last resided. 
4b 



26 ELECTION LAW. 

Sec. 11. The ssiid clerk shall issue subpoenas for wituessee 
in sucli contested election, at the request of either party, which 
ghall be served by the sheriff or constable as otlier subpoenas, 
and the probate court shall liave full power to issue attachments 
to compel the attendance of witnesses who shall have been duly 
subpoenaed to attend, if they tail to do so. 

Sec. 12. Said court shall meet at the time and place desig- 
nated, to determine such contested election by the rules of law 
and evidence governing the determination of questions of law 
and fact, so far as the same may be applicable, and may dismiss 
the proceedings it the statement of the cause or causes of con> 
test is insufficient, or for want of prosecution. After hearing the 
proofs and allegations of the parties, the court shall pronounce 
judgment in the premises, either confirming or annulling and 
setting aside such election, according to the law and riglit of 
the case. 

Sec. 13. If in any such case it shall appear that another 
person than the one returned has the highest number of legal 
votes, said court shall declare such person duly elected. 

Sec. 14. The judge, clerk, sheriff or constable and witnesses, 
shall receive respectively the same fees from the party against 
whom judgment is given, as are allowed for similar services in 
the district court. 

Sec. 15. If the proceedings are dismissed for insufficiency, 
want of prosecution, or the election is by the court confirmed, 
judgment shall be rendered against the party contesting such 
election for costs in favor of the partj whose election was con- 
tested. 

Sec. 16. If such election is annuPed and set aside, judg- 
ment for costs shall be rendered against the party whose elec> 
tion was contested, in favor of the party contesting the same. 

Sec. 17. Each party shall be liable for the costs created by 
Mmself, to the officers and witnesses entitled thereto, which may 
be collected in the same manner in which similar costs are col- 
lected in the district court. 



electio:n" law. . 27 

Sec. 18. Either party feeling liimself aggrieved by the 
judgment of said court, may appeal therefrom to the proper 
district court, as in other cases of appeal thereto. 

Sec. 19. Whenever an election shall be annulled and set 
aside by the judgment of the probate court, when no appeal ha« 
been taken thereupon within ten days, such certificate or com- 
mission, if any has been issued, shall be thereby rendered void, 
and the office become vacant. 

Sec. 20. In case of any contest in regard to any election to 
fill the office of probate judge, such contest shall be tried in liko 
manner by the board of county commissioners. 

CONTESTING ELECTION OF PROSECUTING ATTORNEY. 

Sec. 21. In case of any contest in regard to any election to 
fill the office of district prosecuting attorney, such contest shall 
be tried in like manner by the district court. 

CHAPTER X.l 

CONTESTING ELECTION FOR MEMBERS OF THE LEGISLATURE, 

8bc. 1. Who may contest election of members of Legislative Assembly. 

2. Contestant to file statement with clerk of district court, when. 
What statement shall contain; to be rerified by affidavit. 

3. Clerk to issue commision to two justices of the peace to take depositions, 

4. Notice of contest, etc., to be served upon party whose right contested. 
Requisites of, how and when served. 

5. Sheriff to return notice to clerk; fees of sheriff. 

a. Of procuring attendance of witnesses by justices of the peace. 

7. Of the taking of depositions of witnesses, how certified, etc. 

8. Justices may adjourn from day to day. 
Return of depositions to clerk. 

^ 9. Clerk may appoint another justice if either fail to serve. 

10. Fees of sheriff and justices of the peace in such cases. 

11. Clerk to forward depositions and proceedings to Secretary of Territorjt. 

12. Duty of Secretary in contested elections. 

13. Respective houses to try contested elections. 

■14. After not'ce of contest is given, depositions may be taken by either parfy. 

To be subject to same rules as depositions to be used in district coart. 

Said depositions to be certified and returned to Secretary of Territory. 
15. Legislature may issue commiftsiona to take depositions, or may send far 
and examiae witnesses. 



2S ELECTION LAW. 

Sec. 1. The right of any person clechired chih' elected to a 
seat in the Council or House of Representatives, may be con- 
tested by aiiy qualified Toter of the count}^ or district to be rep- 
resented by such councilman or representative. 

Sec. 2. The person contesting such election shall, within 
tweny days after the issue of the certificate of election, file with 
the clerk of the district court of the district in which the alleged 
cause or causes of contest originated, a concise statement of the 
grounds on which he intends to rel}^, verified by affidavit. 

Sec. 3. Immediately on the filing of such statement in the 
clerk's oilice, the said clerk shall issue a commission directed to 
two justices of the peace in the contestant's district, to meet at 
Buch time and ]>lace as shall be specified in such commission, not 
less than twenty, nor more than thirty days from the time of 
issuing tiie same, for the purpose of taking the depositions of such 
witnesses as the parties to such contest may wish to examine. 

Sec. 4. Written notice of such contest, specifying the time 
and place of taking depositions, and before whom to be taken, 
and a copy of the statement certified by the clerk of said court, 
shall be delivered to the person whose election is contested, or 
if he cannot be found, it shall be left at the house where he last 
resided, by the sheriff of the county in which such person 
claims his residence, within ten days after such statement shall 
have been filed in the clerk's office. 

Sec. 5. The sherifi' into whose hands such notice and certi- 
fied copy may come shall make due service thereof, and shall 
return to the proper clerk a certified copy of such notice, with 
the manner and time of service endorsed thereon, for vvhich he 
fihall be entitled to receive from the party contesting such elec- 
tion the same fees for service and mileage as are allowe<i in the 
district court for service of orio;inal writs. 

Sec. 6. Either of said justices of the peace shall have 
power at any time to issue subpoenas for witnesses, at the request 
of either party, to be served by the sheriff as other subpoenas, 
and such justices, when met at the time and place appointed to 



ELECTIOIn^ law. 29 

take siicli deposition, shall Lave tlie same power to issue attach- 
ments and assess lines against witnesses as is given to justices 
of the peace in the trial of suits instituted before them. 

Sec. Y. Said justices of the peace shall meet at the time 
and place appointed, to take the depositions of witnesses pro- 
duced by the parties, which shall be reduced to writing by said 
justices, and sworn to and subscribed bj said witnesses respect- 
ively, and duly certihed by said justices as depositions are in 
other cases, noting in the caption of each depobition by which 
party the w^itness was called. 

Sec. 8. Said justices ma}'- continue said examination from 
day to day, if the business shall require it, and Avhen the same 
is closed, they shall deliver the depositions taken before them, 
tosrether with their said commissions, to the clerk of the district 
court Dj whom the same was issued. 

Sec. 9. If at any time either of the said justices shall be- 
come unable to proceed in such examination, said clerk may 
supply the vacancy by design ptting any other justice of the peace 
of the district in the |>lace of such justice. 

Sec. 10. The sheriff for the service of such subpoena, and the 
justice for issuing the same and taking the depositions, shall re- 
ceive from the party at whose instance such services are per- 
formed, the same fees as are allowed them for similar services in 
other cases. 

Sec. 11. It shall be the duty of said clerk to seal up such 
depositions, together with the original statements of the grounds 
of such contest, and the copy of the notice served upon the 
party whose right is contested, and the comnjission issued to 
the justices of the peace, and transmit the same, by mail, to the 
Secretary of the Territory, endorsing thereon the names of the 
contesting parties, and the branch of the Legislature before 
which such contest is to be tried. 

Sec. 12. It shall be the duty of the Secretary of the Ter- 
ritory to deliver the same, unopened, to the presiding officer of 



so ELECTION LAW. 

the house in which such contest i& to be tried, on or before the 
second day of the session of the Legislature next after taking 
Buch deposition, and such presiding officer shall immediately 
give notice to said house that said papers are in his possession. 

Sec. 13. Each house of the Legislature is the judge of the 
qualifications and election of its members, and shall try all con- 
tested elections of its members in such manner as it may di- 
rect. 

Sec. 14. At any time after notice of any contest shall be 
given, and before the trial of such contested election before the 
proper branch of the Legislature, it may be lawful for either 
party to such contest to take depositions to be read on the trial 
thereof, in like manner and under the same rules as are allowed 
and required in 'the cases of depositions to be read on any trial 
pending in the district court, and such deposition, when thus 
taken, shall be sealed up by the ouicer taking the same, and di- 
rected to the Secretary of the Territory, who shall keep the 
same unopened, and deliver tLem t > the presiding officer of the 
house in which such contest is to be tried, to be disposed of by 
such officer as the depositions specified in the preceding seetion 
of this article. 

Sec. 15. ISTothing contained in this article shall be so con- 
strued as to abridge the right of either branch, of the Legisla- 
ture trying any contested election, from granting commissions to 
take testimony, or from sending for and examining, before such 
branch, any witnesses it may desire to hear on such trial. 

CHAPTER XL 

PENALTY FOE MISCONDITCT AT ELECTIONS AND FOR VIOLATION OF 
CERTAIN PROVISIONS OF THIS ACT AND HEREIN OF COMPEN- 
SATION OF OFFICERS CONDUCTING ELECTIONS. 

Sec. 1. Threats, menace or foice to influence voter, fine. 

2. Furnishing a ticl^et falsely representing names thereon to person who 

cannot read, fine. 

3. Deceiving an elector and cau3ing him to vote differently from intention, 

fine. 



electio;n^ law. si 

6ec. 4, Fraudulent voting or attempting to rote, fine. 

5. Voting or attempting to vote more tliaa once, fine. 

6. Officer of election, inducing elector to vote, fine. 

7. Officer of election attempting to pry into ballot, &c., fine. 

OfficCi- of election disclosing a ballot b}' him illegally ascertained, fine. 
6. Malfeasance or misfeasance of officers named in this act. 
9. Secretary of Territory to notify prosecuting attorney of county auditoi 
■ failing to return ab-tracts, &c. 

Certificate of Secretary presumptive evidence of such reported failure. 

10. Prosecuting attorney to present parties violating this act. 

11. Special provisions as to mode of election, appointment of officers and 

precincts may be made by law. 

12. Pees of officers conducting and connected with elections. 

13. Repealing clause. 

Sec. 1. If any parson shall, directly or indirectly, nse any 
threat, menace or force, or any corrupt measure or device, at or 
previous to any election held pursuant to this act, towards any 
elector, or hinder or deter him from voting at such election, or 
shall attempt by any means whatever to awe, restrain, hinder 
or disturb any elector in the free exercise of the right . of suf- 
frage, he shall, upon conviction thereof, be fined in any sum not 
exceeding five hundred dollars. 

Sec. 2. If any person shall furnish any elector wishing to 
vote at any election held pm'suant to the provisions of this act^ 
who ca^nnot read, with a ticket, such person informing or giving 
such elector to understand that it contains a name or names, 
written or printed thereon, different from the name or names 
which are written or printed thereon, such person shall, upon 
conviction thereof, be fined in any sum not less than fifty nor 
more than five hundred dollars. 

Sec. 3. If any person shall defraud any elector at any such 
election bv deceiving: and causina; him to vote for a different 
person for any office than such elector desired or intended to vote 
for, or shall fraudulently attempt to deceive and cause such 
elector thus to vote for a different person for any office than he 
intended and desired to vote for, such person, upon conviction 
thereof, shall be lined in any sum not less than fifty nor more 
than five hundred dollars. 

Sec. 4. If any person not having the legal qualifications of 



32 ELECTION LAW. 

an elector sliall fraudulently vote, or sliall fraudulently attempt 
to vote at any election, such person, upon conviction tliereof, 
shall be fined in any sum not less than twentv nor more than 
two hundred dollars. 

Sec. 5. If any person shall vote more than once at any elec- 
tion, or shall attempt to vote more than once at the same elec- 
tion, he shall, on conviction thereof, be fined in any sum not ex- 
ceeding five hundred dollars. 

Sec. 6. If any inspector, judge or clerk of election, while 
acting as such, shall induce or attempt to induce any elector, 
either by menace or reward, or ])romise thereof, to vote diifer- 
ently from what such elector shall intend or desire to vote, sucb 
person so oifending shall, upon conviction thereof, be fined in 
any sum not less than fifty nor more than five hundred dol- 
lars. 

Sec. 7. If any inspector, judge or clerk of apy election* 
shall, previous to putting the ballot of any elector in the ballot- 
box, attempt to pry into or find out &\ij name or names on such 
ballot vvdiicii shall have been handed in l)y said elector in a folded 
form, or if any inspector, judge or clerk of any election shall 
open or sufi'er the folded ballot of any elector which has been 
handed in to the board of judges by any elector, with the view 
to ascertain tlie name of any person or persons for whom such 
elector shall have voted at any such election, or if any inspector, 
judge or clerk qf an election, without the consent of the elector, 
shall disclose the name of any person or persons which su(;h in- 
spector, judge or clerk shall have fraudulently or illegally dis- 
covered to have been voted for by such elector at any elet^tioUj 
ewerj such inspector, judge or clerk of an election so offending, 
upon conviction thereof, shall be fi^ed in any sum not less than 
fifty nor more than -^ve hundred dollars. 

Sec. 8. If the Secretary of -the Territory or any inspector, 
judge, board of judges, board of county commissioners, judge of 
probate, clerk of district court, county aurlitor, clerk of probate 
court, or clerk of election, on wdiom any duty is enjoined by 



ELECTION LAW. gg 

this act, shall be gTiiltj of any willful neglect of sach duty, or 
of any fraudulent or corrupt conduct in the execution of any 
such duty, he or they so offending shall, on conviction thereof, 
be fined in any sum. not exceeding two thousand dollars, to which 
may be added imprisonment in the county jail not exceeding 
one year. 

Sec. 9. It is hereby made the duty of the Secretary of the 
Territory, after the .expiration of thirty days from and after each 
election for delegate to Congress, to certify to the proper prose- 
cuting attorneys any and all failures and omissions of the county 
auditors in their respective districts to comply with the provi- 
sions of this act, in returning or certifying the returns or certi- 
ficates of any such election to the ofiice of the Secrecaiy of the 
Territory, and every sach certificate of the Secretary of the 
Territory shall be sufRcient, presumptive evidence of any such 
failure or omission herein specified on the part of the said countv 
auditor, in any trial or indictment against him therefor. 

Seo. 10. It shall be the duty of the prosecuting attorney of 
each district to present all violations of the provisions, of this 
act, which may come to his knowledge, to the special considera- 
tion of the proper grand jury. 

Sec. 11. Special provisions may be made hj lav/ prescrib- 
ing the mode of calling elections, of appointing the officers 
thereof, and of designating election precincts otherwise than as 
provided in this act. 

Sec. 12. In all general or special Territorial or county elec- 
tions hereafter legally held in this Territory, there shall be 
audited and paid to ofiicers of the same, out of the county treas- 
ury,' in the same manner as other county charges are paid, the 
following per diem allov/ance : To the inspector, judge and clerk 
of an election, four dollars per day ; the person carrying the re- 
turns to the coT^nty auditor shall be entitled to and receive four 
dollars, and as much mileage as the sheriffs are allowed.* 

^Firfe section 9, act of Jan. Sl'st, 1867, paga S, siatutes of Washington Teintorv. 
leession of 1866-7. 

5e . 



# 



U ELEOTIOH LAW. 



AN ACT 

Tl(>!>^'Il!rETHB DTTTma OF THE mSPEOTOB AND JTn)GE8 OF ELECTIOIPS. 

S»W'. 1. Duty of inspector to namber ballots. 

Number of ballot to correspond with number of voter. 

2. Judges to caant votes and inspectors to string ballots at the time of couct- 

fng. 
Ballots to be sent to county auditor in sealed envelope. 
To be used only as evidence in cases of contest. 
Auditor to burn ballots at end of six months. 

3. All conflicting acts repealed. 

Sec. 1. £e it enacted hy the Legislative Assembly of the 
Territory of Washington^ That it shall be the duty of all in- 
spectors pf elections, before depositing the ballot of any voter in 
the ballot box, to number each and every ballot with the num- 
ber to correspond with the number of the voter as registered by 
the clerks of election. 

Sec. 2. It shall be the duty of the judges and inspector of 
elections in each precinct, after the close of the polls, for the 
judges to count the votes ; the inspector to string the ballots at 
time of counting, and after all the ballots have been counted 
and strung, it shall be the duty of the inspector to place tliem 

in a sealed envelope and wTite thereon ballots of precinct, 

county, Washington Territory, of election held this 

day of— — -, 186 — , and send said sealed envelope to the auditor 
of the county where said election is held, who shall keep said 
sealed envelope containing said ballots unopened for the period 
of six months, to be used only as evidence in case or cases of 
(contest wiien called for, at the end of which time it shall be 
the duty of said county auditor to burn said ballots in presence 
of two other county officers. 

Sec. 3. All acts or parts of acts in conflict with the provi- 
sions of this act are hereby repealed. 
Passed January 30, 1868. 



ELECTION lAW. m 



AN ACT 

TO APPORTION THE MEMBERS OF THE COUNCIL AND THE MEMBERS OF 
THE HOUSE OF REPRESENTATIVES OF WASHINGTON TERRITORY, 

Sbo. 1. Council districts defined. 

2. Representatives apportioned 

3. Eepealing previous apportionmeats. 

4. Act to take effect from passage. 

Sec. 1. £e it enacted hy th4 Legislative Assembly of tfie 
Territory of Washington, That the apportionment of the Legis- 
lative Assembly shall be as follows in the Council : 

The county of Walk Walla shall be entitled to elect one 
councilman. 

The counties of Walla Walla and Stevens shall be entitled 
to elect one joint councilman. 

The counties of Clark, Skamania, Klikitat and Yakima 
»shall be entitled to elect one councilman. 

The counties of Clark, Cowlitz, Wahkiakum and Pacific 
ehali be entitled to elect one joint councilman. 

The counties of Pierce, Mason and Chehalis shall be enti- 
tled to elect one joint councilman. 

The counties of Thurston and Lewis shall be entitled to 
elect one joint councilman. 

The counties of King and Kitsap shall be entitled to elect 
one joint councilman. 

The counties of Island, Snohomish and Whatcom shall be 
entitled to elect one joint councilman. 

The counties of Jeiferson and Claim shall be entitled to 
elect one joint councilman. • 

Sec 2. The apportionment of. Kepresentatives in the House 
shall be as follows : 

The county of Walla Walla shall be entitled to elect six 
members. 

The county of Stevens, one. 

The counties of Yakima and Klikitat, one. 

The countv of Skamania, one. 



36 ELECTION LAW. > 

The county of Clark, four. 

The counties of Cowlitz and Wahkiaktiin, wv.^,. ' 

The county of Pacific, one. 

The county of Lewis, one. 

The count}^ of Thurston, two. 

The counties of Thurston and Ghehalis, one. 

The county of Pierce, one. 

The counties of Pierce and Mason, one. 

The county of Island, one. 

The county of Suohooiish, one. 

The county of Jefferson, one. 

The counties of Jefferson and Kitsap, one. 

The county of Kitsap, one. 

The county of Whatcom, one. 

The county of Claim, one. 

The county of King, two. 

Sec. 3. All acts and parts of acts inconsistent with tlu* pro- 
visions of this act he and the same are liereby repealed. 

Sec. 4. This act to take effect aufl be in fbrc^j frc^m aud 
after its passage. 

Passed January 31, 1867- - . 

Amended Jan, 21, 1S68. 



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